NSW Caselaw
Transport Appeal Boards New South Wales Medium Neutral Citation: Zuiderwyck v RailCorp [2012] NSWTAB 32 Hearing dates: 6 and 14 August 2012 Decision date: 04 October 2012 Before: Bishop C (Board) Decision: Appeal disallowed Catchwords: PUBLIC SERVICE - discipline - rail employee - breaches of Code of Conduct - breaches of various procedures arising from two separate incidents - serious safety issues - guilty plea - harshness of penalty raised - reinstatement sought with back pay. HELD - safety breaches serious - penalty appropriate notwithstanding issues raised re harshness - appeal disallowed. Legislation Cited: Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 New South Wales Nurses' Association (on behalf of Colin Prior) v South Eastern Sydney & Illawarra Area Health Service [2007] NSWIRComm 164 Stevens v State Transit Authority [2012] NSWTAB 22 Tauia v RailCorp [2011] NSWTAB 27 Category: Principal judgment Parties: Neil Zuiderwyk (Appellant) Rail Corporation of New South Wales (Respondent) Representation: Mr B Edghill Rail,Tram and Bus Union NSW (Appellant)
Ms A Baxter Rail Corporation of NSW (Respondent) File Number(s): TAB 209 of 2012
DECISION
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